13.15.070 Discontinuance and restoration of service.
(a) Discontinuance of Service. If a customer fails or refuses to comply with these rules and regulations or to pay charges for water service when due, the City may discontinue service to the customer and remove its equipment or facilities from the customer’s premises in accordance with this section.
(1) Without Notice. Where there is (i) danger to life or property; (ii) fraudulent use, impairment of service or a violation of law; or (iii) damage to, or a defect in, on-property facilities causing excessive waste of water, the City may discontinue service without notice.
(2) Seventy-Two-Hour Notice. At least 72 hours prior to disconnecting service because of delinquency in the payment of a water account, the City shall deliver by mail service final notice stating the amount due. This final notice may be left at the door or some equally prominent place on the premises, or may be mailed by certified letter, and the City shall be released of liability whether said certified letter or notice is received by customer. No disconnection will be completed on a weekend or a legal holiday that the City offices are closed.
(3) Third-Party Notice. A customer may designate a third-party to be contacted before the City discontinues service to the customer. The City may attempt to contact such a third-party, and will accept payment of the delinquent amount from the third-party. The City’s inability to contact a third-party shall not prevent discontinuance of service. The designation of such a third-party by a customer does not relieve the customer from responsibility for complying with these rules and regulations and paying when due all charges for water service.
(4) Other Violations of Rules and Regulations. The City shall provide written notice to the customer by certified mail, return receipt requested, citing specific violations of these rules and regulations and the requisite actions required before disconnecting service. The City shall not be liable for customer’s failure to receive said notice. The disconnect date shall not be less than 10 days from the date of mailing of the notice.
(b) Restoration of Services. When service has been discontinued in accordance with these rules and regulations, it may be restored when the reason for the discontinuance has been corrected.
(1) New Application Required. When service has been discontinued in accordance with this section, it may be reestablished only with a new application for service in accordance with CCO 13.15.040 and 13.15.050.
(2) Time for Reestablishing Service. When the reason for which service was discontinued has been corrected, service shall normally be restored within three days (excluding weekend and designated City holidays) after a new application for service has been submitted and approved.
(3) Service Restoration Charge. Service which has been discontinued and is subsequently restored shall be assessed a charge for restoration of service in accordance with CCO 13.15.140.
(4) Customer Action Necessary to Restore Service. The customer whose service has been discontinued under this section must do the following before the City will restore service:
(i) Pay outstanding charges, delinquent, billed or unbilled, in full or make arrangements satisfactory to the City to bring the delinquent balance current (service restoration charges may be billed on the next month’s bill);
(ii) Complete and sign application forms and pay deposit required; and
(iii) Correct any violations of rules and regulations specified in notice of disconnection.
(5) Extenuating Circumstances. Where, in the judgment of the City Manager or his/her designee, strict enforcement of this requirement would cause undue hardship for a customer or create hazard to the health or safety of the public, the City may restore service to a customer without correction of the reason for discontinuance as provided in this section. Such a restoration of service shall be on such terms and conditions as the City may determine and shall not be construed as a waiver or modification of rules and regulations. [Res. 94-14, 1994. Code 1979 WU § 7.0.]